Dupre v. Scappaticcio

Supreme Court of Georgia

Dupre v. Scappaticcio

259 S.E.2d 440, 244 Ga. 179, 1979 Ga. LEXIS 1163

CourtSupreme Court of Georgia

DecidedSeptember 7, 1979

Docket35075

StatusPublished

Cited by4 cases

This text of 259 S.E.2d 440 (Dupre v. Scappaticcio) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dupre v. Scappaticcio, 259 S.E.2d 440, 244 Ga. 179, 1979 Ga. LEXIS 1163 (Ga. 1979).

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Opinion

Marshall, Justice.

Pursuant to Code Ann. § 30-301 (Ga. L. 1958, pp. 204, 205; 1977, pp. 619, 620) and following a hearing which neither the appellant father nor his attorney attended, the trial court awarded the appellee mother permanent child support for one of the parties’ two children, permanent custody of which child had been awarded her in a modification of the divorce decree.

In his appeal from the award of the permanent child support, the father contends that the statutory basis for such an award has been held to be unconstitutional. See Orr v. Orr, — U. S. — (99 SC 1102, 59 LE2d 306) (1979); Stitt v. Stitt, 243 Ga. 301 (253 SE2d 764) (1979); Sims v. Sims, 243 Ga. 275 (253 SE2d 762) (1979). Contrary to the appellant’s position, however, the award was based upon Code Ann. § 30-301, supra, which has not been declared unconstitutional. Code § 30-207 applies to the award of alimony on the final trial, not subsequent to the decree, which is provided for by § 30-301, supra. Furthermore, although the constitutionality of § 30-207 was attacked in Stitt v. Stitt, supra, it was not ruled on therein or elsewhere.

The constitutionality of a statute is presumed until it is validly attacked. Connelly v. Balkcom, 213 Ga. 491 (1) (99 SE2d 817) (1957). No constitutional attack on Code Ann. § 30-301 was made by the appellant in the trial court, and the failure to raise the issue there precludes consideration of its constitutionality on appeal. Alexander v. State, 239 Ga. 810 (239 SE2d 18) (1977); [180]*180Yield, Inc. v. City of Atlanta, 239 Ga. 578 (238 SE2d 351) (1977); Roberts v. Roberts, 226 Ga. 203 (6) (173 SE2d 675) (1970).

Submitted June 22, 1979 Decided September 7, 1979. Paul R. Koehler, for appellant. Charles W. Smegal, for appellee.

Accordingly, the order awarding permanent child support is affirmed.

Judgment affirmed.

All the Justices concur.

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Marshall, Justice.

Pursuant to Code Ann. § 30-301 (Ga. L. 1958, pp. 204, 205; 1977, pp. 619, 620) and following a hearing which neither the appellant father nor his attorney attended, the trial court awarded the appellee mother permanent child support for one of the parties’ two children, permanent custody of which child had been awarded her in a modification of the divorce decree.

In his appeal from the award of the permanent child support, the father contends that the statutory basis for such an award has been held to be unconstitutional. See Orr v. Orr, — U. S. — (99 SC 1102, 59 LE2d 306) (1979); Stitt v. Stitt, 243 Ga. 301 (253 SE2d 764) (1979); Sims v. Sims, 243 Ga. 275 (253 SE2d 762) (1979). Contrary to the appellant’s position, however, the award was based upon Code Ann. § 30-301, supra, which has not been declared unconstitutional. Code § 30-207 applies to the award of alimony on the final trial, not subsequent to the decree, which is provided for by § 30-301, supra. Furthermore, although the constitutionality of § 30-207 was attacked in Stitt v. Stitt, supra, it was not ruled on therein or elsewhere.

The constitutionality of a statute is presumed until it is validly attacked. Connelly v. Balkcom, 213 Ga. 491 (1) (99 SE2d 817) (1957). No constitutional attack on Code Ann. § 30-301 was made by the appellant in the trial court, and the failure to raise the issue there precludes consideration of its constitutionality on appeal. Alexander v. State, 239 Ga. 810 (239 SE2d 18) (1977); [180]*180Yield, Inc. v. City of Atlanta, 239 Ga. 578 (238 SE2d 351) (1977); Roberts v. Roberts, 226 Ga. 203 (6) (173 SE2d 675) (1970).

Submitted June 22, 1979 Decided September 7, 1979. Paul R. Koehler, for appellant. Charles W. Smegal, for appellee.

Accordingly, the order awarding permanent child support is affirmed.

Judgment affirmed.

All the Justices concur.

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259 S.E.2d 440, 244 Ga. 179, 1979 Ga. LEXIS 1163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dupre-v-scappaticcio-ga-1979.

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